Nationwide Permits

Nationwide permits (NWPs) are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. The NWP summaries and applicable regional conditions identify when an activity requires notification to the U.S. Army Corps of Engineers (USACE).  If a pre-construction notification (PCN) is required, the authorized activity must not commence until the USACE, Regulatory Division, provides a written verification that the project qualifies for the NWP, to ensure that the activities cause no more than minimal individual and cumulative adverse environmental effects.

ENG Form 6082 - PRE-CONSTRUCTION NOTIFICATION (PCN)

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2021 Nationwide Permits

The following Nationwide Permits (NWPs), General Conditions, District Engineer’s Decision, Further Information, and Definitions were published in the Federal Register on January 13, 2021 (86 FR 2744, and the correction at 86 FR 27274) and December 27, 2021 (86 FR 73522). These NWPs will expire on March 14, 2026, unless they are modified, suspended, revoked, or reissued prior to that date.

Continued confirmation that an activity complies with the terms and conditions, and any changes to a nationwide permit, is the responsibility of the permittee. Activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit’s expiration, modification, or revocation.

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(a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification.
(b) The removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.).
(c) Temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity.

Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices, and small fish attraction devices such as open water fish concentrators (sea kites, etc.).

Devices, whose purpose is to measure and record scientific data, such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures.

Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys.

Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act).

Non-commercial, single-boat, mooring buoys. (Authority: Section 10)

Temporary buoys, markers, small floating docks, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use, provided that such structures are removed within 30 days after use has been discontinued.

Activities required for the construction, maintenance, repair, and removal of oil and natural gas pipelines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. 

Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques.

Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways) in waters of the United States.

Discharges of dredged or fill material incidental to the construction of a bridge across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills, provided the construction of the bridge structure has been authorized by the U.S. Coast Guard under Section 9 of the Rivers and Harbors Act of 1899 or other applicable laws.

Return water from an upland contained dredged material disposal area. The return water from a contained disposal area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d), even though the disposal itself occurs in an area that has no waters of the United States and does not require a section 404 permit.

Discharges of dredged or fill material associated with hydropower projects having: (a) Less than 10,000 kW of total generating capacity at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; or (b) a licensing exemption granted by the FERC pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended.

Minor discharges of dredged or fill material into all waters of the United States.

Dredging of no more than 25 cubic yards below the plane of the ordinary high water mark or the mean high water mark from navigable waters of the United States (i.e., section 10 waters).

Activities conducted in response to a discharge or release of oil or hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300) including containment, cleanup, and mitigation efforts,

Discharges of dredged or fill material into waters of the United States associated with surface coal mining and reclamation operations.

Temporary structures or minor discharges of dredged or fill material required for the removal of wrecked, abandoned, or disabled vessels, or the removal of manmade obstructions to navigation.

Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department.

Any activity permitted by a state or Indian Tribe administering its own section 404 permit program pursuant to 33 U.S.C. 1344(g)-(l) is permitted pursuant to Section 10 of the Rivers and Harbors Act of 1899. (Authority: Section 10).

Discharges of dredged or fill material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as bridges, transmission line footings, and walkways, or for general navigation, such as mooring cells, including the excavation of bottom material from within the form prior to the discharge of concrete, sand, rock, etc.

Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic
resource functions and services.

Reconfiguration of existing docking facilities within an authorized marina area. No dredging, additional slips, dock spaces, or expansion of any kind within waters of the United States is authorized by this NWP. (Authority: Section 10).

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision.

Discharges of dredged or fill material into non-tidal waters of the United States and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site-specific, wildlife management activities where soil manipulation is used to manage habitat and feeding areas for wildlife.

Discharges of dredged or fill material resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, levees, and channels that: (i) Were previously authorized by the Corps by individual permit, general permit, or 33 CFR 330.3, or did not require a permit at the time they were constructed, or (ii) were constructed by the Corps and transferred to a non-Federal sponsor for operation and maintenance.

Any structure, work, or discharge of dredged or fill material remaining in place or undertaken for mitigation, restoration, or environmental benefit.

Temporary structures, work, and discharges of dredged or fill material, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard.

The removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less.

Activities required for the construction, repair, or replacement of boat ramps.

Work done by or funded by: (a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR part 624);
(b) The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13); (c) The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch. 3); (d) The Office of Surface Mining, or states with approved programs, for abandoned mine land reclamation activities under Title IV of the Surface Mining Control and Reclamation Act (30 CFR subchapter R), where the activity does not involve coal extraction; or (e) The Farm Service Agency under its Emergency Conservation Program (7 CFR part 701).

Specific activities required to effect the containment, stabilization, or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regulatory authority.

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures.

Discharges of dredged or fill material into non-tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings.

Discharges of dredged or fill material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal waters, to modify the cross-sectional configuration of currently serviceable drainage and irrigation ditches constructed in waters of the United States, for the purpose of improving water quality by regrading the drainage or irrigation ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation.

Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of recreational facilities.

Discharges of dredged or fill material into non-tidal waters of the United States for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; the construction of water control structures, outfall structures and emergency spillways; the construction of low impact development integrated management features such as bioretention facilities (e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches; and the construction of pollutant reduction green infrastructure features designed to reduce inputs of sediments, nutrients, and other pollutants into waters, such as features needed to meet reduction targets established under Total Maximum Daily Loads set under the Clean Water Act.

Discharges of dredged or fill material into non-tidal waters of the United States for mining activities, except for coal mining activities.

This NWP authorizes discharges of dredged or fill material, including dredging or excavation, into all waters of the United States for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events.

Discharges of dredged or fill material into non-tidal ditches that are (1) constructed in uplands, (2) receive water from an area determined to be a water of the United States prior to the construction of the ditch, (3) divert water to an area determined to be a water of the United States prior to the construction of the ditch, and (4) determined to be waters of the United States.

Structures or work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States necessary for new and continuing commercial shellfish mariculture operations (i.e., the cultivation of bivalve molluscs such as oysters, mussels, clams, and scallops) in authorized project areas. For the purposes of this NWP, the project area is the area in which the operator is authorized to conduct commercial shellfish mariculture activities, as identified through a lease or permit issued by an appropriate state or local government agency, a treaty, or any easement, lease, deed, contract, or other legally binding agreement that establishes an enforceable property interest for the operator.

Discharges of dredged or fill material into non-tidal waters of the United States associated with the remining and reclamation of lands that were previously mined for coal.

Discharges of dredged or fill material into non-tidal waters of the United States associated with underground coal mining and reclamation operations provided the activities are authorized, or are currently being processed by the Department of the Interior, Office of Surface Mining Reclamation and Enforcement, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977.

Discharges of dredged or fill material into nontidal waters of the United States for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features.

Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction, expansion, modification, or removal of water-based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features.

Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States associated with the removal of low-head dams.

Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction and maintenance of living shorelines to stabilize banks and shores in coastal waters, which includes the Great Lakes, along shores with small fetch and gentle slopes that are subject to low- to mid-energy waves

Structures in marine and estuarine waters, including structures anchored to the seabed in waters overlying the outer continental shelf, for seaweed mariculture activities.

Structures in marine and estuarine waters, including structures anchored to the seabed in waters overlying the outer continental shelf, for seaweed mariculture activities.

Activities required for the construction, maintenance, repair, and removal of electric utility lines, telecommunication lines, and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project.

Activities required for the construction, maintenance, repair, and removal of utility lines for water and other substances, excluding oil, natural gas, products derived from oil or natural gas, and electricity.

Discharges of dredged or fill material into non-tidal waters of the United States for the construction, expansion, and maintenance of water reclamation and reuse facilities, including vegetated areas enhanced to improve water infiltration and constructed wetlands to improve water quality.

Additional information on current and past nationwide permits, including Register notices, news releases, permit summaries, fact sheets, general conditions, definitions, and final decision documents.

The 2017 regional conditions apply to activities that were authorized under the 2017 NWPs. Continued compliance with the terms and conditions of the 2017 NWPs, including applicable regional conditions, is the responsibility of the permittee. 

 

2021 Regional Conditions

If a permittee conducts activities under the terms and conditions of a NWP, the permittee must also comply with any applicable regional conditions. The following regional conditions apply to the NWPs listed above.

State/Region Description
Colorado The following are the final 2021 Regional Conditions to the NWPs within the State of Colorado. This action is in accordance with the authority of Section 404 of the Clean Water Act and 33 CFR 330.5(c).
New Mexico The final 2021 Regional Conditions in New Mexico applicable to the 16 Nationwide Permits (i.e., 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58) published in the federal register on January 13, 2021 can be accessed here. This action is in accordance with the authority of Section 404 of the Clean Water Act and 33 CFR 330.5(c).
The final 2021 Regional Conditions in New Mexico applicable to the remaining 41 Nationwide Permits published in the federal register on December 27, 2021 can be access here. This action is in accordance with the authority of Section 404 of the Clean Water Act and 33 CFR 330.5(c).
Texas The following are the final 2021 Regional Conditions to the NWPs within the State of Texas. This action is in accordance with the authority of Section 404 of the Clean Water Act and 33 CFR 330.5(c).
Navajo Nation

The following are the final 2021 Regional Conditions to the NWPs within the Navajo Nation. This action is in accordance with the authority of Section 404 of the Clean Water Act and 33 CFR 330.5(c).

*Please be aware that the Navajo Nation requires notification for all NWP activities within the Nation's formal Reservation boundaries; within the satellite reservations of the Alamo, Tohajiilee, and Ramah; and for all tribal trust lands in the Eastern Navajo Agency, regardless of whether notification is required to the Corps.  A copy of the Navajo Nation's water quality certification response can be found at: Navajo Nation WQC.

 

 

 

 

 

 

 

 

 

 

Checklists, Forms, and Guidelines

Water Quality Certification

Under Section 401 of the Clean Water Act (CWA), the US Army Corps of Engineers (Corps) cannot issue a permit to conduct any activity that may result in a discharge into waters of the United States unless a Section 401 water quality certification (WQC) is issued, verifying compliance with water quality requirements, or certification is waived.  States and authorized tribes, where the discharge would originate, are generally the certifying authority (CA) responsible for issuing WQCs.  In cases where a state or tribe does not have authority, the U.S. Environmental Protection Agency (EPA) is the CA responsible for issuing or waiving certification.  Click the following link for information regarding WQC decisions for the 2021 and 2017 NWPs: water quality certification

The Corps Regulatory Program prefers to receive electronic submittals per our mission to reduce impacts to the environment. However, hard copy submittals will be accepted and processed.

ENG Form 6082 (Nationwide Permit PCN Form)

NOTE:  Internet Explorer is recommended for viewing.  If you receive an error message regarding your PDF viewer, right click the "Application Form" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat.

South Pacific Division NWP PCN Form and Instructions - Please save a copy of the PCN form before emailing it to the Corps.

PCN Checklist (Revised March 2019) - Some local authorities, such as floodplain administrators and planning departments, may require an official determination of Department of the Army Section 404 permit requirements provided by the Corps even though a PCN is not required by the NWP. This checklist is provided as an alternative for permittees requesting written NWP verifications where a formal PCN is not required. If you are not sure if your project requires a PCN prior to starting work, please refer to the Notification Section of the NWP summaries and the Regional Conditions that apply to your project type and location. If you are submitting a PCN, as required by the NWP, you must use one of the PCN forms above.

Nationwide Permit Certification Compliance Form (Fillable .PDF Version)

2017 Nationwide Permits Summary

Nationwide Permit 27 Guidelines cover what specific information should be included with requests for authorizing project proposals involving a discharge of dredged or fill material under NWP 27, including the project purpose, existing conditions, reference and supporting data, and monitoring plan. It also includes a detailed discussion of requirements for annual monitoring reports, specific information concerning projects designed to enhance fisheries, and a list of resources. 

The ORM Consolidated Upload Template with Validation is designed to facilitate efficiency and accuracy in the Corps’ documentation of aquatic resources (ARs) and impacts associated with permit requests, including PCNs. The Consolidated Upload Spreadsheet is especially useful and should be used for linear projects with multiple crossings and projects or sites that involve 10 or more ARs and/or impacts. To ensure accuracy of the data and help identify/prevent errors, users should follow the Instructions when entering the information and run the Validation Tool before submitting the requests to the Corps. In addition to the Consolidated Upload Spreadsheet, these files also provide instructions for submitting AR and impacts shapefiles. For questions regarding the use of the Consolidated Upload Template with Validation Tool or submission of the Consolidated Upload Spreadsheet and associated shapefiles, please contact your local regulatory office.